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(영문) 서울중앙지방법원 2018.07.04 2017가단29956
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 806,244,504 and KRW 791,500,000 among them, from February 3, 2017.

Reasons

Basic Facts

The plaintiff is a corporation that runs a credit specialized business prescribed by the Specialized Credit Financial Business Act, and the defendant A (hereinafter referred to as the "defendant") is a corporation that runs a livestock products distribution business, and the defendant B is the representative of the defendant company.

On February 16, 2016, the Plaintiff offered livestock products stored by the Defendant Company as collateral for transfer to the Defendant Company. The Plaintiff entered into a credit transaction agreement between the Defendant Company and the Defendant Company with a credit limit of KRW 1,000,000,000 per annum, delay compensation rate of KRW 25% per annum, and the maturity period of payment is three months from the date of execution of individual loans, which provides credit to the Defendant Company (hereinafter “instant agreement”). The Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff under the instant agreement.

In accordance with the agreement of this case, the Plaintiff implemented a loan on five occasions as listed below.

(hereinafter referred to as “each of the instant loans”). The term of loans extended on an enforcement date of the loans is 276,20,000 won on June 09, 2016; - December 2016, 2016: (a) KRW 135,900,000 on October 2, 2016; and (b) Defendant Company lost its principal and interest on October 3, 2017; (c) the principal and interest of KRW 142,40,000 on October 14, 207; and (d) the principal and interest of KRW 30,00 on October 16, 208; and (d) the liabilities of KRW 10,00,00 on October 19, 201; and (e) Defendant Company lost its principal and interest on June 16, 2016 on April 19, 2016;

[Grounds for recognition] There is no dispute. According to the fact that Gap's evidence Nos. 1 through 8 (including branch numbers if the plaintiff has a serial number) and the defendant's obligation to return judgment loans on the ground of a claim as a whole, the defendants are jointly and severally calculated at the rate of 25% per annum from February 3, 2017 to the date of complete payment, as to the above principal amount of loan No. 806,244,504, and 791,500,000, the principal amount of which are principal.

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